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Found 15 results

  1. Hello. How hard is it get the I-601A approved? Also, if approved. How long does the beneficiary have to stay in the foreign country of their Citizenship? Is it a guarantee return trip to USA after Interview? What happens if the return trip is denied?
  2. I spoke with a lawyer today and he mentioned something that I had never heard before. He said that when one marries a US citizen, not all visa overstays are forgiven. Just the most recent. For example, if you overstayed 5 years ago but were not discovered, then overstayed right before filing a marriage AOS only the second overstay will be forgiven and the 5 year old one will still trigger a ban. Anyone else ever heard of this?
  3. hi, I will have my interview for k1 visa in couple of days. I previously overstay j1 visa. I left by myself. me and the US citizen have a baby together, who resides with me out of usa. baby is US citizen with passport. I am worried of getting denied because of my overstay and my spouse will be without his daughter. what are the chances for having overstay forgiven?
  4. Hello, I wonder if someone can add any thoughts to the following situation: My sister, a citizen of Russia, came to the USA in 1994 with B2 visa. She was 19. She overstayed her visa (6 years), applied for permanent residence in Canada (based on points/work) and in February 2000 she moved to Canada. She applied for a tourist visa to the USA in 2000 and 2001 in Toronto - she wanted to come to see her family. She was denied. In 2002, when she still had a Russian passport, she went again to the Consulate in Toronto and after talking to the consular officer, she was told to apply for a waiver. She did it. In July 2002 she got visa (she was ineligible to get a visa under section 212(a)(9)(B)(i)(II) - that was written in her passport) - she got a one entry B2 visa. That is printed on her visa: 212(d)(3)(A) waiver of 212 (a)(9)(B)(i)(II) granted by INS. My sister went to NYC, stayed for 6 days (I had a baby) and came back to Canada. Then, in November she applied again for a B2 visa to come and be a godmother of my daughter. She again was told to submit a letter from the employer, bank statement, proof of address and she got a new tourist visa, multiple entries, valid for 2 years, with the exact annotation about waiver granted by INS. Sister came to visit me for a few days, then she visited me several times (never longer than 5-7 days). In September 2004 she got a citizenship in Canada, and she came to the USA using a Canadian passport (with no waiver/visa imprinted). She did it maybe 5 times, no issues on the border. In April 2005 she came to the USA and stayed. I submitted an immigrant visa petition for her years ago (I am a US citizen), it was approved, currently the documents are in NVC and now, after we met a lawyer, he told us, that my sister - as Canadian citizen - because she did not receive form I-94 at the border, she is admitted for duration of status, so she has no ban and she can receive an immigrant visa in Canada (she was not found deportable by any judge or immigration official). But as it seems to be easy, we started digging dipper: but what about her previous overstay? I mean she got a waiver but it was for non-immigrant visa, am I right? Or this waiver was good also for the immigrant visa that she can get through my sponsorship? I am not familiar so I will appreciate any input. We met 4 lawyers: conclusion: 1 of them say she is good to go, 2 others say 'no', 1 said: "It's a good question". Thanks a lot for any information, thoughts, anything.
  5. Hello , I am new to these forums I have been lurking for a few weeks and enjoy reading of everyone’s experiences and advice. I would love to hear people’s opinions on my situation. I arrived in the USA June 2015 on an ESTA visa from Ireland. Due to unforeseen circumstances I overstayed and married my wife who is a USC in June of 2018 we filed our papers and and I was granted a combo card. Me and and my wife plan on flying to my home country at the end of the month using my combo card. My question is will I have many issues for overstaying back a few years ago. I’m nervous to use it however my immigration lawyer says I should of no issues. id love to hear of people’s experiences using it . Thanks in advance
  6. Hi, my fiancé has her K-1 visa interview next week. When we started this process, she was here visiting when we decided we wanted to see what we could do so she could eventually be here with me. We hired a lawyer. Long story short, he lied to us, took advantage of us knowing we were young and uneducated on immigration and such. He told us she could stay in the U.S with me while we filed. She overstayed 120 days, but she left as soon as we talked to another lawyer and found out she’s WASNT allowed to be here. The lawyer stopped contacting us, and wouldn’t admit his lies and manipulation. Has anyone dealt with overstaying and still been approved and do you think she will be approved or denied? Her interview is in Montreal, Canada and she was here in the U.S. just with her passport.
  7. Hello everyone. Please advice i came to US on tourist visa. Five months in my boyfriend proposed and we decided to get married as he didn’t want me to leave. We got married on the last day my I-94 was expiring (October 2018). We have been doing research on the adjustment of status and now we’re ready to file. Do we need a lawyer? Considering that I’ve been out of status since October 2018 (4 months now) even though I was legally married when my I-94 expired. Please advice. Kind regards
  8. Hello, I really need help with this. I flew to the US late 2017 after getting cleared for travel on ESTA. I made a mistake on the form due to misunderstanding the language, the crimes involving moral turpitude, I google it and it stated crimes such as rape and murder so I thought "well no definitely not" and ticked no. It also mentioned criminal convictions, I have received x2 criminal damage charges cautions which to my knowledge was not a conviction and ticked no. On my way to leave I lost my passport and had to get a temporary passport and book a new flight, by the time I was able to leave I was overstaying the VWP and no longer eligible to travel on it. I wanted to go back later in the year and applied for a tourist visa and was denied, at this point I learned I shouldn't not have been able to travel in the first place which was quite a shock. When I was over there I met a woman and we were attracted to each other, In November 2018 she came and spent a month with me and we fell in love. We are very much in love and want to be together and want to get married. She is waiting for her divorce to finish and then we plan to marry, and she wants me to relocate to the united states so we can start our lives together but obviously a number of things have happened and I want to know how badly this has messed things up, and if its even possible for us to marry. It looks really bad and I really need to know if its possible for us to be together,
  9. Alright, here goes: I am a US citizen (and UK), with US residency. My husband (as of 10/01/18) is a Dominican & Greek Citizen with DR residency. I'm in the DR with him now, but am going stateside next week. We wanted to start his green card process, but I'm a little intimidated. Husband came to US on ESTA Program 5 years ago, and overstayed 1.5 years. He wasn't deported, he bought a plane ticket and left. He was arrested when he was in US, but has no charges on record. He also had cancer, which I'm being told may impact Visa? My understanding is we have to apply for the Visa we know will be denied, and THEN file a waiver? Why can't we just jump to the waiver? We have spoken to: one useless Dominican attorney who told us the waiver is just an apology and no big deal, one Catholic charities representative who has said everything will suck for us, and I can't apply til I have health insurance for him (?) and that's it. That's literally as far in the process as we have gotten. Any help?
  10. Hello, I hope you all are doing great in this nerve-wrecking visa process. What an adventure it is... I am seeking some advice, since I am really confused and struggling with an issue with my application: my O1-B visa application was recently approved by the USCIS, but now I am scheduling the corresponding interview at the consulate and I am struggling with the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" This is my information: I applied for an O1-b visa from the United States while on OPT (and D/S on my i-94), but the application was denied on March 23. The denial said that I (or better said, my petitioner) had 33 days to fill an appeal, or, otherwise, the decision would be definitive. My petitioner and I seriously considered the appeal, but finally discard that option. Thus, I left the United States on April 24, which means 32 days after the denial, and one day before the period to fill the appeal expired. I thought that during those 32 days I was not accruing unlawful presence, but apparently I was wrong and yes, accruing it. I moved to my country and re-applied again from there (France, where I currently am) and my petition was approved on December 1. I am filling the DS-160, where I have to answer the question above mentioned about overstaying. So, even if my overstay came from the explained circumstances of evaluating the possibility of filling an appeal (and thus I think I had good reasons for my overstay), I am answering "yes". My questions come now: there is a section stating that I can explain my answer; what should I write there? Or simply said, is my argument, even real, convincing enough so that I pass the interview? Should I come up with a different angle to answer that? And also, do you think that my overstay of 32 days is going to ruin my chances of being approved by the consular officer? Thanks for taking the time to read and answer my question, I much appreciate it. Best
  11. Hello Visa Journey members. This thread is for anyone that has a Priority Date/Receipt Date from the second half of 2017 (July - December 2017) waiting to get their interview scheduled at the Houston Field Office. Please post your PD/RD and your current USCIS online account (both sites and App) status’. Have you received an interview letter and if so, when is your interview date? Please share your interview experience for those that already had their interview, thanks.
  12. My boyfriend came here on a student visa when he was 17, his visa was to expire before his 18th birthday. So his sister's husband adopted him around that time,(his mom had no way of taking care of him) his sister told him his renewal for the visa was denied, come to found out she never reapplied for him. Fast forward its been 10 years since that happened. We tried filing before but its hard to know what we can or can't do. We want to get married. I just need advise badly. Thanks for all your time.
  13. Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,
  14. Hello. If he (child) came here on a B1 Visa (6 months duration) with his Mother, later Overstayed. He had a Labor Certification filed on or before 4/30/01 as an adult while on Overstayed status. The petition was later withdrawn but it was approvable when filed. An I-130 petition was filed in 2011 by his USC Mother in the category of unmarried adult, 21+, I-130 approved in 2014. The Overstayed beneficiary would still be grandfathered under 245i and be able to AOS in USA correct? Note: The beneficiary never left USA after the B1 Visa expired.
  15. Hello everyone, I'm planning on filing my parent's I-130's soon. My parents have overstayed their visas 1+ years before. They're last entry was in June 2009 and exit on July 2009. Before that, they entered in 2002 and stayed in the US until October 2007. Since I'm filing soon, I'm hoping their I130's will not be approved before July 2019 (10 years from their last entry). My parents have not attempted to return to the US since then and have not renewed their visas. Has anyone had a similar case? What are my chances of being able to bring them to the States?
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